26.13.030 Abduction by Parent

(a) Any person who intentionally removes, causes the removal of, or detains the person's own child(ren) under the age of eighteen years, whether in the boundaries of the Turtle Mountain Reservation or outside the boundaries of the Turtle Mountain Indian Reservation with the intent to deny another person's rights in violation of an existing custody decree is guilty of a class [4] four offense.

(b) Holding the child(ren) within the Turtle Mountain Reservation or outside the Turtle Mountain Reservation is in violation of the custody decree for more than seventy-two hours is prima facie evidence that the person charged intended to violate the custody decree at the time of removal shall be guilty of a Class [4] four offense.

(c) Should the commission of the offense result in the death or serious bodily injury to any of the child(ren)person shall be guilty of a Class [5] five offense.